SANJEEV BHARDWAJ Vs. IREO GRACE REALTECH PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainant, Mr. Gaurav Sharma, Advocate, for opposite Parties.

(2.) Sanjeev Bhardwaj has filed above complaint, for directing the opposite parties to (i) refund the entire amount collected from the complainant towards the consideration with interest @18% p.a. from the date of collection of the amounts till it is actually returned to the complainant, (ii) pay Rs.500000.00, as compensation for mental agony and harassment and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that opposite parties were company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects and selling its unit to the prospective buyers. Opposite party-2 was owner of 37.5125 acres land at villages Dhumaspur and Maidwas, Sector-67-A, Gurgaon and through a development agreement authorised M/s. IREO Grace Realtech Private Limited (opposite party-1), (for short the developer) for development and construction of group housing projects and selling its unit to the prospective buyers over the aforesaid land. The developer launched a group housing project in the name of "The Corridors" at villages Dhumaspur and Maidwas, Sector-67-A, Gurgaon, in January, 2013 and made wide publicity of the facilities and amenities of the oncoming project. Believing upon the representations and tall promises of the developer, the complainant booked a 3BHK+S flat on 22/3/2013 and deposited booking amount The developer issued application form for allotment on 22/3/2013, which was filled up by the complainant and submitted on the same day. The developer issued Allotment Offer Letter allotting Apartment No.CD-D-3/14/1404, super area 2213 sq.ft. and executed Apartment Buyer's Agreement (ABA) on 8/3/2014, in which, basic sale price of Rs.21576750.00 ((@ of Rs.9750.00 per sq.ft.) was mentioned. Clause-13.3 of the ABA provides, 42 months period from the date of approval of building plan, for offer of possession with grace period of 180 days. Clause-13.5 provides an extended period of 12 months, beyond which, the allottee shall be entitled to opt for termination of allotment. As per Annexure-IV, payment plan was "instalment payment plan" which was actually a "construction linked payment plan". Initially, the developer announced for "timely payment rebate" but withdrew it, vide letter dtd. 2/7/2015. The complainant diligently followed payment plan and deposited Rs.10213830.00. As informed by the developer, building plan was approved in February, 2014, as such, 48 months period expired in February, 2018. The complainant visited the site and found that the construction was grossly incomplete and not likely to be completed in near future. Extended period also expired in February, 2019. The complainant was in urgent need of alternate house. Therefore, this complaint was filed on 2/4/2019, alleging deficiency in service.